OPERATION OF THE EQUIPMENT. Lessee shall not subject the Equipment to careless or needlessly rough usage and Lessee hereby agrees that the Equipment shall be operated, inspected, maintained and repaired only by experienced, competent persons under Lessee’s supervision and control. The Equipment shall be operated in a safe and lawful manner at all times, and in accordance with the manufacturer’s operators manual, OSHA rules and ANSI standards. Lessee’s operation of the Equipment shall not exceed the manufacturer’s safety requirements and rated load capacities. If the Equipment is a crane, it is to be used as a lift crane ONLY. Demolition, dynamic compaction, pile driving, and clamming work require additional documentation and equipment authorized only by Maxim in writing. Equipment shall not be used when overloaded, while the operator is under the influence of drugs or alcohol in violation of state or federal law, or to carry persons or property for hire.
OPERATION OF THE EQUIPMENT. 8.01 The Hirer shall ensure that the Equipment is operated at all times in a skilful and proper manner and used for the purpose or purposes for which it was intended by persons who are competent to operate the same and shall not permit any additions or alterations to the Equipment other than adjustments to directly accessible controls intended to be adjusted during normal use of the Equipment.
8.02 The Hirer shall keep the Equipment at all times in the possession of and under the control of the Hirer.
8.03 The Hirer shall keep the Equipment and all parts thereof in the same order and condition as at the commencement of the hire period (fair wear and tear only excepted) and shall not repair attempt to repair or have repaired the Equipment in the event of any breakdown or malfunction but shall notify Camberwell Studios forthwith of such breakdown or malfunction and shall promptly conform the same in writing.
OPERATION OF THE EQUIPMENT. 8.1 The Customer must comply with all work health and safety requirements and operations and in particular, must:
(a) operate the Equipment safely, strictly in accordancewith all laws, only for its intended use and in accordance with the manufacturer’s instructions;
(b) ensure persons operation or erecting the Equipment are suitably trained on its safe and proper use, qualifiedto use the Equipment and where necessary, hold a current Licence to Perform High Risk Work;
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommendedby the manufacturer;
(d) ensure that no persons operating the Equipment areunder the influence of drugs or alcohol;
(e) conduct a job safety analysis prior to using theEquipment;
(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
(g) display all safety signs and instructions (as required bylaw) and ensure that all instructions and signs are observed by operators of the Equipment.
8.2 The Customer is responsible for the Equipment during the Hire Period and where appropriate must:
(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and the Company’s instructions at the Customer’s owncost;
(b) not in any way alter, modify, tamper with, damage orrepair the Equipment without the Company’s prior written consent;
(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, onthe Equipment;
(d) store the Equipment safely and securely and protect itfrom theft, loss or damage.
OPERATION OF THE EQUIPMENT. The Lessee is obliged to learn about the correct usage of the equipment. The Lessee is liable for any potential damages, which may occur due to incorrect usage of the Equipment, including using the equipment in any way other than the intended use.
OPERATION OF THE EQUIPMENT. The Lessee will operate the Equipment at his or her or their own risk. The Lessee agrees to indemnify and save the Lessor harmless from any claims and damages suffered by the Lessor, however caused, arising out of the use of the Equipment. This indemnification will survive termination of this Agreement.
OPERATION OF THE EQUIPMENT. CMO agrees to operate or cause the Gatherers to operate the Equipment only in the ordinary course of business for the compression of gas in accordance with the specifications of the manufacturer of the Equipment. At MidCon’s request, CMO shall cause Gatherers to submit to MidCon monthly operating reports for the Equipment. MidCon represents to CMO that the Equipment will operate in accordance with the manufacturer’s design and performance specifications. Without limiting MidCon’s obligations hereunder, CMO will be responsible for loss of or damage to the Equipment after delivery to Gatherers’ site and before redelivery of the Equipment to the transporter to return the Equipment to MidCon.
OPERATION OF THE EQUIPMENT. A. Lessee hereby acknowledges and agrees that it shall fully inspect the Equipment upon delivery to ascertain that the Equipment is in good condition and repair, and that Lessee is satisfied with and has accepted the Equipment on an "as is" basis in such good condition and repair, without any further guarantee or warranty from Lessor
B. Except (i) in the event of damage to the Equipment caused, in whole or in part, by intentional abuse, misuse, tampering or negligent act by Lessee and/or (ii) the Equipment is to be located at any site other than Southern California, Lessor agrees to provide routine service and maintenance of the Equipment during the Term. Lessee shall promptly advise Lessor of all needed repair and maintenance and shall not, with- out Lessor's prior consent, undertake, or allow any third party to perform, any repair, maintenance or part replacement. Where the Equipment is to be located at any site other than Southern California, Lessor will provide Lessee with a name and address of an authorized local repair facility and Lessee agrees not to use any other repair facili- ties without prior express consent by Lessor.
C. Xxxxxx acknowledges that it fully understands the proper operations and use of the Equipment. Lessee shall use the Equipment for commercial or business purposes only, in a careful and proper manner in accordance with instructions provided to Lessee at the commencement of this Agreement, and shall not permit any Equipment to be used in violation of any applicable law, ordinance, rule or regulation.
D. Upon termination of this Agreement, Xxxxxx shall return the Equipment to Lessor free from all damage and in the same condition and appearance as when received by Lessee, except for normal wear and tear, and agrees, at Lessor's option, to repair in full or replace any Equipment that sustains loss or damage. In the event of loss or dam- age, the lease charges for the Equipment shall continue until the fully repaired or replaced Equipment is returned to Lessor. Nothing set forth in this Agreement shall be construed to make Lessor responsible for any loss or damage caused to the Equipment through no fault of Lessor, including, without limitation, (i) catastrophic events or any other causes external to the Equipment and (ii) intentional abuse, mis- use, unauthorized repair, tampering or negligent act by Lessee. If Xxxxxx fails or refus- es to return the Equipment to Lessor, Lessor shall have the right to take possession of the Equipme...
OPERATION OF THE EQUIPMENT. 8.01 The Hirer shall ensure that the Equipment is operated at all times in a skilful and proper manner and used for the purpose or purposes for which it was intended by persons who are competent to operate the same and shall not permit any additions or
8.02 The Hirer shall keep the Equipment at all times in the possession of and under the control of the Hirer.
8.03 The Hirer shall keep the Equipment and all parts thereof in the same order and condition as at the commencement of the hire period (fair wear and tear only excepted) and shall not repair attempt to repair or have repaired the Equipment in the event of any breakdown or malfunction but shall notify Genesis Plus forthwith of such breakdown or malfunction and shall promptly conform the same in writing.
OPERATION OF THE EQUIPMENT. 9.1 The Hirer must comply with all work, health and safety requirements and operations and in particular must:
9.1.1 operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
9.1.2 ensure that persons operating the Equipment hold a valid driver’s licence for the class of equipment hired and are suitably trained on its safe and proper use, qualified to use the Equipment and, where necessary, hold a current licence to perform high risk work;
9.1.3 wear suitable protective clothing and Equipment when operating the Equipment as required or recommended by the manufacturer;
9.1.4 conduct a job safety analysis prior to using the Equipment;
9.1.5 ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
9.1.6 ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment;
9.1.7 display all safety signs and instructions (as required by law) and ensure that all instructions and signs are observed by operators of the Equipment.
OPERATION OF THE EQUIPMENT. Lariat will operate the equipment under its name. LARCLAY will be charged its pro-rata share of Lariat’s reasonable overhead (based on the number of LARCLAY rigs, divided by the total number of Lariat operated rigs). In addition, Lariat, through its affiliate, Alsate Management and Investment Company, will provide accounting services. Lariat will be responsible for staffing decisions on the equipment. Lariat shall be responsible for obtaining insurance coverage for the equipment and general liability coverage at competitive rates. Such insurance shall be issued by rated companies acceptable to CWEI, and if required by the lender. Prior to payment of all debt associated with the construction and equipping of the rigs, any insurance proceeds attributable to the loss of a rig shall be applied to the financing debts. The drilling crews shall be employed by Lariat and covered by Lariat’s corporate policy, with LARCLAY reimbursing Lariat for its share of premiums. Lariat will xxxx LARCLAY for payroll, benefits, and bonuses of the employees directly employed on the equipment. Lariat shall operate the rigs in a good and workmanlike in accordance with industry standards, and shall maintain the rigs in good working order; provided, however, Lariat shall not undertake any single repair or maintenance reasonably estimated to exceed $50,000 without the consent of CWEI.
